Child Abuse in Custody Cases – Cape Town South Africa

Parental Child Abuse in Child Custody Matters

This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it.

Parental Child Abuse is a common occurrence in our society. This article does not deal with the merits or demerits of parental child abuse. However, it gives light on this aspect in a child custody case.

What are the common forms of child abuse?

Child abuse can take many forms. This includes physical, emotional, sexual or psychological abuse. Each case may be different. However, the common theme, in a child custody situation would be that the child is being detrimentally affected by the parent’s conduct. Therefore, should a parent beat the child, neglect the child, or cause harm to the child, it would be seen as abuse.

What happens in cases of child abuse?

Of course, in extreme cases of abuse, such parent would be refused contact completely. This is especially in the case where the child would be traumatized should he or she have contact with the parent. However, what often happens, is that a parent would be granted supervised contact to his or her child. This is done to benefit both parent and child.

What to do when your child is being abuse by the other parent?

There are various things you can do to protect your child who is being abused. Those include going to the police, obtaining a protection order, or limiting the other parent’s rights with an order of court.

Should you approach the Domestic Violence Court?

As a parent, you may apply to the domestic violence court for a protection order on behalf of your child. This may be the best route to follow.

What about Court Application limiting parental rights?

Should there be a court order in place, affording a parent parental responsibilities and rights, you can apply to vary it. This would be applicable when supervised contact would be in the minor children’s best interests. The court would listen to both sides, and make a decision.

When should you consult with a lawyer?

Seeing that you are dealing with parental rights and responsibilities, it is best to first try to resolve issues with the other parent. If that does not work, then try mediation. Should that still not work, see a lawyer who would advise you on what would be best for you and your child. If need be, a Court application would have to be launched

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